Citation Nr: 0303481
Decision Date: 02/28/03 Archive Date: 03/05/03
DOCKET NO. 99-21 710 ) DATE
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On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO)
in Boston, Massachusetts
THE ISSUES
1. Entitlement to an increased rating for the service-
connected bronchial asthma, currently evaluated as 30 percent
disabling.
2. Entitlement to service connection for claimed post-
traumatic stress disorder.
REPRESENTATION
Appellant represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
James L. March, Counsel
INTRODUCTION
The veteran served on active duty from December 1965 to
February 1969.
This matter comes to the Board of Veterans' Appeals (Board)
on appeal from a July 1999 rating decision of the RO.
In August 2002, the Board assigned an increased rating of 70
percent for the veteran's service-connected anxiety disorder.
The Board also remanded the issues listed on the preceding
page of this document to the RO for additional development of
the record.
FINDINGS OF FACT
1. Prior to final action on this appeal by a Member of the
Board, in written correspondence received by the Board in
February 2003, the veteran affirmatively withdrew his appeal.
2. There currently is no justiciable case or controversy for
active consideration by the undersigned Member of the Board
in connection with this appeal.
CONCLUSION OF LAW
The appeal is dismissed as no justiciable case or controversy
remains before the undersigned Member of the Board at this
time. 38 U.S.C.A. §§ 7102, 7104, 7105, 7107 (West 1991 &
Supp. 2002); 38 C.F.R. §§ 19.4, 20.101, 20.204 (2002).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
All questions of law and fact necessary to a decision by the
Secretary of Veterans Affairs under a law that affects the
provision of benefits by the Secretary to veterans or their
dependents or survivors are subject to review on appeal to
the Secretary. Decisions in such appeals are made by the
Board of Veterans' Appeals.
In its decisions, the Board is bound by applicable statutes,
the regulations of the Department of Veterans Affairs and
precedent opinions of the General Counsel of the Department
of Veterans Affairs. 38 U.S.C.A. § 7104; 38 C.F.R. § 20.101.
The principal functions of the Board are to make
determinations of appellate jurisdiction, consider all
applications on appeal properly before it, conduct hearings
on appeal, evaluate the evidence of record, and enter
decisions in writing on the questions presented on appeal.
38 U.S.C.A. §§ 7102, 7104, 7107; 38 C.F.R. § 19.4.
A Substantive Appeal may be withdrawn in writing at any time
before the Board of Veterans' Appeals promulgates a decision.
38 U.S.C.A. § 7105(d)(3); 38 C.F.R. § 20.204(b).
Withdrawal may be by the appellant or by his or her
authorized representative, except that a representative may
not withdraw either a Notice of Disagreement or Substantive
Appeal filed by the appellant personally without the express
written consent of the appellant. 38 U.S.C.A. § 7105(b)(2);
38 C.F.R. § 20.204(c).
In a statement received at the Board in February 2003, the
veteran stated that he was satisfied with his current rating
and wanted to withdraw his pending appeals.
Based upon the foregoing, the Board finds that the veteran
has elected to withdraw his appeal pursuant to 38 U.S.C.A.
§ 7105(d)(3) and 38 C.F.R. § 20.204(b), and has made a
specific request in writing to withdraw such appeal.
Accordingly, there is no justiciable case or controversy
currently before the Board, as contemplated by 38 U.S.C.A.
§§ 7102, 7104, 7107 and 38 C.F.R. § 19.4.
For the reasons stated, and in the absence of any justiciable
question, the appeal must be dismissed.
Because the veteran has clearly declared his intent to
withdraw his appeal, the provisions of the Veterans Claims
Assistance Act of 2000 and its implementing regulations are
not for application in this case.
ORDER
The appeal is dismissed.
_____________________________
STEPHEN L. WILKINS
Veterans Law Judge, Board of Veterans' Appeals
IMPORTANT NOTICE: We have attached a VA Form 4597 that tells
you what steps you can take if you disagree with our
decision. We are in the process of updating the form to
reflect changes in the law effective on December 27, 2001.
See the Veterans Education and Benefits Expansion Act of
2001, Pub. L. No. 107-103, 115 Stat. 976 (2001). In the
meanwhile, please note these important corrections to the
advice in the form:
? These changes apply to the section entitled "Appeal to
the United States Court of Appeals for Veterans
Claims." (1) A "Notice of Disagreement filed on or
after November 18, 1988" is no longer required to
appeal to the Court. (2) You are no longer required to
file a copy of your Notice of Appeal with VA's General
Counsel.
? In the section entitled "Representation before VA,"
filing a "Notice of Disagreement with respect to the
claim on or after November 18, 1988" is no longer a
condition for an attorney-at-law or a VA accredited
agent to charge you a fee for representing you.